According to the Ministry of labor, during a pandemic, remote employment has moved almost 6 million people, which is 11% of employed Russians. To stay on distance can be up to 5% of the employees.
it Turned out that the nuances of such forms of employment by law has not been resolved, the HR had to act at your own risk. Parliamentarians in his bill (among its authors – speakers of the state Duma and the Federation Council Vyacheslav Volodin and Valentina Matvienko) have tried to fill this gap. Its crucial second reading will likely take place in the autumn session, told “RG” one of the authors of the bill, first Deputy head of the faction “United Russia” in the state Duma Andrey Isaev.
the document introduces the concept of combined employment (when a person can part time work from home, and the other part to hold in the office). How many days in a week, a month or how many hours to take to the office, and how much to work outside the office, employers decide and prescribe in their employment contracts. Now such combined employment if it exists, within the local labor contracts, and often on a verbal agreement with the boss. But in case of conflict with the boss who can easily blame a subordinate in the absence. To prove that the chief himself was allowed to work from home, almost unreal.
Interesting point relates to the remote workstation of an employee. Now it is necessary to specify, where exactly is remote work. In the state Duma consider it a relic of: “workspace of a telecommuter can be everywhere where it is possible to use the Internet”, – stated in the explanatory note to the bill. It is possible though all year round to work in the house by the sea. Importantly, there was a stable Internet connection and nothing prevented the fulfillment of their tasks.
Lawmaker wants to protect workers against unlawful dismissal. At the initiative of the employer cannot dismiss employees for such controversial reasons as the absence of the employer sufficient work inexpediency of further cooperation, the change of strategy of development of the employer, the decision of Director General on termination of the contract. In the state Duma consider it discrimination. How and when employers start to download tasks day and night. Because of this, according to Andrei Isayev, the workers are forced to work 24/7. But working day must be regulated, regardless of where a person works. Therefore, certain hours employees have full right without any consequences to go offline and not respond to calls and letters from work. But if they agree to be on call around the clock, then the employer will need to pay them for overtime work.
One and�� the most talked-about issues – whether the employer has to pay for electricity, telephone, Internet, depreciation of personal equipment? Because in the office it’s all there and all available for free, and the home pays for everything out of pocket. But if he has no computer or printer he should buy for your money, or to say goodbye to the employer? From the bill follows that compensation for personal expenses of employees – good will of the employer. “An employee is entitled to use in the remote operation of your personal equipment, software and technical means, means of information protection. In collective agreements, local normative acts adopted with account of opinion of elected body of primary trade Union organization, employment contracts about the remote work may include the compensation costs associated with employee’s personal equipment, software and technical means of information security” – that this wording included in the draft.
As noted by the Deputy Chairman of the Federation of independent trade unions of Russia (FNPR) Alexander Shershukov, still this issue needs to be specifics as to whether this compensation is to be fixed or its size will be set in negotiations between the employer, employee and Union representatives (if any in the organization).
According to him, for the second reading of the bill need to answer a number of other issues. For example, whether the liability of the employer for the health and life of employee, which is on remote employment. “It is necessary that remote employment did not duplicate an already known format piecework, when an employer cares only that the work was done, and in what conditions it produces the worker becomes unimportant, – said the representative of the fcpd. – There is a difference between hourly and piece-rate work, and mixing two kinds of this work is impossible. For remote employment, the emphasis should be placed on clear definition of working time during which the employee must be busy.”
the Ministry of labor, where the bill is conceptually supported, note that he equates the concept of “remote” and “remote” work. Will likely require more specific techniques for the second reading.
How to read traditional 8 hours of work, asks the rector of the Financial University under the government of the Russian Federation Alexander Safonov, which is included in the working group of the Russian trilateral Commission. “The beginning of the day may be to log in to work email and the call at the reception of the company, he says. But form validation of the presence at work should be clearly described. Now it is unclear how the employer can verify what it the remote employee. And can generally legally to check it”. It is also important to clearly define what is a valid reason for the failure by the employee: non-equipped workspace, no Internet and telephone connections, hardware failure.
it is Necessary to determine the reasons for the dismissal. For example, people regularly do not cope with tasks. But then these jobs should be formalized or recorded on tape and forwarded to the employee.
in addition, as noted in the official review of the government presented the bill, it is necessary to foresee the consequences of the employee’s refusal from giving consent to work in remote employment. In other words, how the employer should deal with the employee who for some reason refuses to work outside of the office. While it is a mystery.
Inna Koryagina, psychologist, head of the center Esolang:
– Very difficult to work out of the office anxious, fearful, hysteroid, defiant, hyperactive and cheerful natures. They have nowhere to fueled energy or drain it. Will not work it and those who hardly works in clear terms. Who would not agree that life is uncontrollable force, and is not able to “catch the wave”. Who wants a non-existent stability and certainty.
the First step towards remote working has made the largest it companies in the world. Closed their offices for their employees more than one third of employers in Gulf countries – UAE, Oman, Saudi Arabia, Bahrain, Qatar and Kuwait. Not only the employers but also governments of different countries took the initiative in their own hands, adopting legislative measures to limit the spread of the coronavirus in the workplace. For example, in Singapore, which became one of the models of the effectiveness of measures to prevent the spread of COVID-19, even before the pandemic was announced, out of the house allowed to go out only when necessary for violation of the isolation faced fines of up to 7 thousand dollars. Even now, when the wave of coronavirus in a slump, employers are encouraged to allow employees to work in the office only if there is no alternative. In such cases, should be introduced to offset the working hours, providing one-time presence in the office is not more than half the staff: from 8.00 to 17.00 – 40% of the staff, from 9.00 to 18.00 – 20%, from 10.00 to 19.00 – 40%. To change work shifts is strictly prohibited.
In France, where the coronavirus was recognized as a force majeure, allowed employers without the consent of employees to transfer them to work remotely. In the UK, employers were obliged to make a proper assessment of the safety of remote employees who will continue to work from home for a long time. HoldsXia validation in two ways: the employee can send a photo of your workplace or the auditors will pay a visit in person. The same rules apply in South Korea. There, in accordance with the new rules, the injury received by the employee in the home workplace, can now serve as a basis for compensation.
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In the Labour code there are provisions governing home-based and remote work. Each type of work separate Chapter is devoted to TK. However, with all the concordant nor one nor the other work are not the same udalenku, which many of us moved on with the start of a pandemic, says a leading researcher of the Department of labour law and social security of the Institute of legislation and comparative law under the government of the Russian Federation, the candidate of jurisprudence Tatyana Korshunova. So, the current rules are not appropriate.
Home work assumes that people make something that is at home with his own hands. For example, sew hats out of the material of the customer. It’s a rather old rule, come from earlier times. “As remote work, it’s a different kind of work: sign a contract, the employee does not appear in the office, – says Tatiana Korshunova. We can exchange electronic documents at the conclusion of the contract. That is, the employer and the contractor might not meet each other”.
Remote contracts frequently conclude, for example, copywriters (writers), proofreaders, editors, etc., information about the remote work may not be reflected in the workbook. As for remote work, it is a full-time job in the state organization. In some days people can work from home some, he will have to come to the office. If the remote worker, the boss may never see, with the employee working on remote, have sometimes intersect in the real office.
As explained by a member of the Association of lawyers of Russia Vyacheslav guests receive, because of the circumstances rules of remote work evolved spontaneously, and many organizations have had, that is, on course to build the work. And if in the context of restrictive measures for any problems occurred, including because the operation of many organizations has been reduced or suspended, the term may be disputable situation. For example, as a legally fixed working time for an employee on remote? The organization must prove to the Supervisory authorities that a person knowingly accrued salary, it really worked and these eight hours actual working time. But HR departments will have to wrestle with how to continue to make those employees who will continue to work remotely. The question arises and payment of premiums, and disciplinesary penalties. Is it possible to punish an employee for absenteeism if the half day didn’t answer the phone boss? The answer is no.
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